That said, Lithwick said it may not make a difference in this case, since for now Gorsuch would be replacing the late Justice Antonin Scalia and “presumably taking his positions” on these kinds of cases. But if anyone else retires from the Supreme Court, that could tip the balance in a case like Stutzman’s.

Related Content

The Washington State Supreme Court has unanimously ruled that a florist who declined to do flowers for a same-sex wedding broke the state’s anti-discrimination law. But the same-sex couple who won the case, isn’t celebrating too enthusiastically just yet.